2000-012RESOLUTION NO. 2000R, 12
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 4158.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code a
two-story senior assisted living and Alzheimer's care facility on
certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
THAT PORTION OF JUAN YORBA ALLOTMENT IN THE RANCHO
SANTIAGO DE SANTA ANA, DESCRIBED AS FOLLOWS:
BEGINNING AT A BOLT MARKING THE POINT OF
INTERSECTION OF A CURVE OF THE CENTER LINE OF THE
SANTA ANA CANYON ROAD, AS DESCRIBED IN DEED
RECORDED IN BOOK 171, PAGE 144 OF OFFICIAL RECORDS
OF ORANGE COUNTY, SAID BOLT BEING LOCATED
APPROXIMATELY 121.00 FEET EAST OF THE INTERSECTION
OF SAID CENTERLINE BY THE WEST LINE OF SAID JUAN
YORBA ALLOTMENT; THENCE NORTH 60 22' 55" EAST
306.34 FEET ALONG THE TANGENT OF SAID CURVE AND
THE CENTER LINE OF SAID HIGHWAY TO A LINE PARALLEL
WITH AND DISTANT SOUTHWESTERLY 249.22 FEET
MEASURED ALONG SAID CENTER LINE FROM THE
NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO
KARL AHRENS, RECORDED JANUARY 17, 1948 IN BOOK
1610, PAGE 545 OF OFFICIAL RECORDS OF SAID COUNTY;
THENCE SOUTH 29°|3'15"EAST, 411.74 FEET ALONG SAID
PARALLEL LINE TO THE NORTHERLY LINE OF THAT
CERTAIN 50.00 FOOT STRIP OF LAND DEEDED TO THE
SANTA ANA VALLEY IRRIGATION COMPANY AND RECORDED
OCTOBER 9, 1947 IN BOOK 1536, PAGE 437 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE NORTH 78° 20' WEST
542.42 FEET ALONG SAID NORTHERLY LINE TO ITS
INTERSECTION WITH THE SOUTHERLY PROLONGATION OF
THE EASTERLY LINE OF LOT 4 OF THE LAND OF E.
WALTER PYNE, AS SHOWN ON LICENSED SURVEY MAP FILED
IN BOOK 2, PAGE 19 OF RECORD OF SURVEYS OF SAID
COUNTY; THENCE NORTH 3 50' 40" EAST 78.70 FEET
ALONG SAID SOUTHERLY PROLONGATION TO THE TANGENT
LINE OF SAID CURVE; THENCE NORTH 74" 10' 25H EAST
71.97 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION
OF SAID LAND, AS DEEDED TO THE STATE OF CALIFORNIA
FOR FREEWAY PURPOSES, BY DEED RECORDED JUNE 29,
1948 IN BOOK 1661, PAGE 227 OF OFFICIAL RECORDS,
AND RE-RECORDED JULY 30, 1948 IN BOOK 1678, PAGE
214 OF OFFICIAL RECORDS; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC99-188 denying Conditional
Use Permit No. 4158; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and all
evidence and reports offered at said public hearing before the City
Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
1. The proposed use is more intense in terms of land use and
density than what would be permitted under the General Plan for
residential land uses.
2. The proposed use has the potential to adversely affect
the adjoining land uses because code compliant setbacks are not
being provided to buffer and protect the adjacent land uses.
3. That the size of the property ms not adequate to allow
the full development of the proposed use in a manner not
detrimental to the general welfare as evidenced by the required
waivers for setbacks and parking.
4. That the traffic generated by this use may cause a burden
upon the public streets when vehicles are trying to enter or exit
this property from Santa Ana Canyon Road at a driveway very close
to the intersection with Anaheim Hills Road.
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5. That the proposed 24-hour operation with the waivers
requested, may be detrimental to the peace, safety and general
welfare of the citizens of Anaheim by not providing adequate
buffers to protect them.
WHEREAS, the City Council does further find and determine
with regard to the requested waiver(s) of Anaheim Municipal Code
requirements, other than the requested waiver of off-street parking
requirements, as follows:
1. That there are no special circumstances applicable to the
property which do not apply to other property in the same vicinity
and zone; and
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in the
same vicinity and zone.
WHEREAS, the City Council does further find, after
careful consideration of the action of the Planning Conunission and
all evidence and reports offered at said public hearing before the
City Council regarding said requested off-street parking
requirement waiver, that all of the conditions set forth in Section
18.06,080 of the Anaheim Municipal Code are not present, and that
said waiver should be denied, for the following reasons:
1. That the variance will cause an increase in traffic
congestion in the immediate vicinity and adversely affect adjoining
land uses because of the number of vehicles which would be
generated by the approval of the proposed 41-unit institutional use
and the lack of sufficient off-street parking to satisfy
anticipated peak demands; and
2. That the granting of the variance will be detrimental to
the peace, health, safety or general welfare of the citizens of the
City of Anaheim due to the additional traffic congestion, traffic
noise and lack of sufficient off-street parking spaces as required
tO meet the anticipated parking demands during peak periods.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Conunission
denying said conditional use permit with a waiver of certain
provisions of the Anaheim Municipal Code be, and the same is
hereby, affirmed for the reasons hereinabove specified, and that
the request to permit a two-story senior assisted living and
Alzheimer's care facility be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
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the provisions of Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of January, 2000.
MA ~
YOR OF THE~M
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
34373.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-12 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 25th day of January, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-12 on the 25th day of January, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 25th day of January, 2000.
CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-12 was duly passed and adopted by the City Council of the
City of Anaheim on January 25th, 2000.
IC~L'L'~O~OF THE CITY OF ANAHEIM